Personal Injury Claims

A person who has been injured in an accident caused by the fault of someone else will normally be entitled to compensation.

Between strangers is a public place the law generally only requires that citizens do not carelessly cause harm to others, for example by driving on the wrong side of the road or failing to give way at a junction.

But in certain circumstances the law requires positive steps to be taken to remove or warn of dangers. For example a shop has to ensure that its floor is free of spillages and is otherwise safe for its customers.

The duty on an employer is even more extensive. The employer must not only ensure that the workplace is in a safe condition but must also ensure that its employees receive sufficient training, instructions and equipment to ensure that their system of work is safe.

Safety is a relative concept. Many risks cannot be eliminated entirely except at an excessive cost in terms of money and inconvenience. The law requires reasonable steps to be taken to reduce risk. What are reasonable steps depends on what the risk is (for example greater precautions are required when there is a risk of fatal injury, than in cases where any injury would be likely to be relatively minor) and on the social utility of the activity (a police driver answering an emergency call is, within limits, entitled to take some additional risk – for example by exceeding the speed limit – because of the importance of getting to the emergency quickly).

If the person or organisation responsible for an accident is held by the court to have fallen below the required standard – i.e. failed to take reasonable care in a situation where the law imposes a duty of care, then they will be liable to pay compensation to the injured party.

Compensation consists of two elements: special damages and general damages. Special damages are compensation for actual monetary loss caused by the injury, for example the cost of medicines, and loss of earnings where the injury is such that the person injured loses his job or is obliged to take time off work for which he does not receive full sick pay from his employer (or where a self-employed person – or an employed person on piece work – is not able to work as fast as before due to the injury).

General damages are additional compensation for the pain of the injury and the “loss of amenity” – the loss of enjoyment in or inability to do certain activities without pain.

This page was lasted updated in May 2007. Disclaimer